Current through Register Vol. 48, No. 38, September 20, 2024
a)
Solicitation. A solicitation will contain forms that must be returned or may
require completion in a prescribed format. If a form or format is prescribed,
prospective vendors shall submit those forms as instructed.
b) Late Bids or Proposals, Late Withdrawals
and Late Modifications
1) Any bid or proposal
(including any modification, withdrawal or other procurement related
submission) received after the time and date for receipt, or at other than the
specified location, is late. A submission that is delivered to the wrong
location but that is subsequently delivered to the correct location by the date
and time specified shall not be considered to be late. Staff at the incorrect
delivery location shall not be responsible for ensuring subsequent delivery.
Delivery at the specified location and time shall be the sole responsibility of
the bidder or offeror.
2) No late
submission will be considered unless the SPO, and not a designee, determines it
would have been timely but for the action or inaction of State personnel
directly serving the procurement activity (e.g., providing the wrong address).
It is the responsibility of the bidder or offeror to ensure delivery at the
time and to the place specified. A vendor that submits a late response will be
notified and given the opportunity to retrieve the submission at its cost. Late
submissions not returned to the vendor will be destroyed after all related
procurement activity is complete and the resulting contract has been
executed.
3) Records shall be made
and kept for each late bid or proposal, late modification, or late withdrawal.
The record shall include time of receipt, method of delivery (e.g.,
hand-delivered, overnight mail), name of vendor and person making delivery, and
a brief description of the circumstances, if known, that caused the delivery to
be late.
c) Extension of
Solicitation Due Date
The SPO or a designee may, prior to the due date, extend the
time for submitting or modifying a bid or proposal for the convenience of the
State. If notice to extend cannot be made in a manner that fosters a
competitive procurement, the opening will be cancelled and rescheduled. All
notices under this Section will be provided electronically and posted on the
CDB Procurement Bulletin.
d) Bid Firm Time
1) Unless otherwise provided in the
solicitation, the vendor's bid must be kept firm for at least 60 days after the
opening date.
2) After opening
bids, the SPO or a designee may request bidders to extend the offer firm time
for an additional 60 days, provided that, with regard to offers, no other
change is permitted. An extension beyond this will require approval from the
Procurement Officer. CDB must submit a detailed written explanation of the need
for extension with the request for additional extension. This Extension does
not provide an opportunity for others to submit bids or proposals.
e) Offer Firm Time
1) Unless otherwise provided in the
solicitation, the vendor's offer must be kept firm for at least 120 days after
the opening date.
2) After opening
proposals, the SPO or a designee may request offerors to extend the offer firm
time for no more than an additional 60 days, provided that, with regard to
offers, no other change is permitted. An extension beyond this will require
approval from the Procurement Officer. CDB must submit a detailed written
explanation of the need for extension with the request for additional
extension. This extension does not provide an opportunity for others to submit
offers.
f) Electronic
Submissions
1) The solicitation may state that
electronic submissions will be considered if they and any required attachments
are received in the manner and by the time and date set for receipt, as stated
in the solicitation.
2) Electronic
submissions authorized by specific language in the solicitation will be opened
in accordance with electronic security measures in effect at the time of
opening.
g) All
bids/offers received shall be time-stamped, and if received via hard copy,
recorded on a log and stored in a secure, locked file cabinet or safe and under
the control of the bid officer. The bid officer shall maintain the
confidentiality of the bid/offer submittals. No information regarding
bids/offers received shall be disclosed to anyone except to confirm receipt to
the bidder or offeror.
h) Only One
Bid or Proposal Received
If only one bid or proposal is received, and if it meets the
thresholds established by the Capital Development Board of Director's
Resolutions, the SPO may award to the single bidder or offeror if the SPO finds
that the price submitted is fair and reasonable, and that other prospective
bidders or offerors had reasonable opportunity to respond, or there is not
adequate time for resolicitation. Otherwise, the SPO may cancel the procurement
and CDB will return the bids.
i) Unit Prices
Unit price items may be included in project specifications
only if stated in a solicitation. The interest of the State must be protected
from unlimited increased quantities.
j) Alternate Bids
Subject to Procurement Officer approval, CDB shall, with the
assistance of the A/E and user agency, determine what parts or features of the
work are most essential and, due to the limit of available funding, what
discretionary elements may or may not be included in the project. Essential
elements must be included in the base bid. All discretionary work must be
identified in the IFB as alternates. To the extent discretionary elements are
included, CDB shall identify discretionary work items in the order in which CDB
will award the work at time of posting the bid. The alternates may be additive
or deductive values. The lowest bidder shall be determined by the amount of the
base bid plus accepted alternates. If not all the alternate bids are accepted
at the award time, an alternate may be added to the project at a later time by
change order if funding becomes available. If, however, acceptance of the
alternate prior to award would have resulted in changing the lowest bidder, the
alternate can only be added by change order upon approval of the SPO.
k) Assignment, Novation or Change
of Name
1) Assignment. No CDB contract is
transferable, or otherwise assignable, without the prior written consent of the
CPO or SPO; provided, however, that a vendor may assign money receivable under
a contract after due notice to CDB. The assignee, except in the case of
assignment for payment only, must meet all requirements for contracting with
CDB. Any purported assignment without prior written consent shall be null and
void. The decision to consent with respect to QBS, Construction Management, or
design-build contracts shall be based upon consideration of, among other
things, the continued availability of personnel whose qualifications served as
the basis for the original award and the importance of the professional and
artistic judgment of those persons, the qualifications of replacement staff,
and the extent to which the services have already been performed.
2) Recognition of a Successor in Interest;
Novation. When in the best interest of the State, a successor in interest may
be recognized in a novation agreement in which the transferor and the
transferee agree that:
A) the transferee
assumes all of the transferor's obligations;
B) the transferee meets all requirements for
contracting with CDB;
C) the
transferor waives all rights under the contract as against the State;
and
D) unless the transferor
guarantees performance of the contract by the transferee, the transferee shall,
if required by the State, furnish a satisfactory performance bond.
3) Change of Name. A vendor may
submit to the SPO a written request to change the name in which it holds a
contract with CDB. The name change shall not alter any of the terms and
conditions of the contract or the obligations of the vendor.
l) Incorporation by Reference
A solicitation may incorporate documents by reference
provided that the incorporated materials are readily available to potential
bidders and the solicitation specifies where the documents can be
obtained.
m) Confidential
Data
Vendors must clearly identify, by page and paragraph, any
information submitted to the State claimed to be exempt from the disclosure
requirement of the Illinois Freedom of Information Act (FOIA), identify the
specific Section of FOIA applicable to the claimed exemption, and show how that
Section applies to the information claimed to be exempt. Information submitted
without a claim or exemption may be disclosed to the public without notice or
permission. Information submitted with a claimed exemption may still be
disclosed to the public if determined by a court, the Public Access Counselor
appointed by the Illinois Attorney General, or the agency receiving the FOIA
request that the claimed exemption does not meet the requirements for
withholding the information under FOIA. The agency receiving the FOIA request
shall attempt to provide the vendor reasonable notice and opportunity to object
to the disclosure of any material claimed by the vendor to be exempt from
FOIA.
n) Notice of
Subcontractor
1) Any contract entered into
under this Part shall state whether the services of a subcontractor will be
used. The contract shall include the names and addresses of all known
subcontractors with subcontracts with an annual value of more than $50,000, the
general type of work to be performed by each subcontractor and the expected
amount of money each will receive under the contract.
2) If, at any time during the term of the
contract, a contractor desires to add or change any subcontractors with
subcontracts with an annual value of more than $50,000, the contractor shall
promptly notify CDB, in writing, of the names and addresses of the proposed
subcontractors, the expected amount of money each new or replaced subcontractor
will receive, and the general type of work to be performed. Subcontractors
shall be required to register with CDB prior to entering into an agreement and
provide financial disclosure and standard certifications prior to entering into
a contract with the Prime Contractor.
3) No contractor shall change a subcontractor
listed in the original bid or proposal, except with the consent of the SPO for
good cause.
A) Good cause may include:
i) the failure of the subcontractor to
execute a written contract after a reasonable period of time after the written
contract is presented to the subcontractor by the contractor;
ii) bankruptcy of the
subcontractor;
iii) the death or
disability of the subcontractor, if the subcontractor is an
individual;
iv) dissolution of the
subcontractor, if the subcontractor is a corporation or partnership;
v) failure of the subcontractor to meet bond
requirements as specified in the solicitation;
vi) ineligibility of the subcontractor to
perform on the subcontract because the subcontractor is suspended, debarred, or
otherwise ineligible to perform;
vii) a series of failures by the
subcontractor to perform in accordance with the specifications, terms and
conditions of its subcontract;
viii) failure of the subcontractor to comply
with a requirement of law applicable to the subcontractor; or
ix) failure or refusal of the subcontractor
to perform the subcontract.
B) A request of a contractor for a
substitution of a listed subcontractor shall be submitted in writing to the
agency and SPO and shall include the reasons for the request. The contractor
shall provide a copy of its request for substitution to the listed
subcontractor by registered or certified mail to the last known address of the
subcontractor.
C) No contractor
shall permit any subcontract to be assigned or transferred or performed by any
entity other than the subcontractor listed on the bid or proposal without the
consent of the SPO. Consent of the SPO to a contractor for a substitution shall
be made in writing and be included in the procurement file.
D) Failure of a contractor to comply with
this Section may result in cancellation of its contract or be considered
grounds for suspension or debarment.
o) Pre-Solicitation Assistance
1) For purposes of this subsection (o):
A) "business" includes all individuals with
whom a business is affiliated, including, but not limited to, any officer,
agent, employee, consultant, independent contractor, director, partner, manager
or shareholder of a business [30 ILCS
500/50-10.5(e)]; and
B) "agent of the State" is limited to an A/E
under contract with CDB or a consultant to the A/E.
2) Prohibited Bidders or Offerors. Except as
provided in subsection (o)(3), Section 50-10.5(e) of the Code prohibits any
person or business from bidding or entering into a contract if the person or
business assisted an employee of the State of Illinois, who, by the nature of
his or her duties, has the authority to participate personally and
substantially in the decision to award a State contract, by reviewing,
drafting, directing, or preparing any invitation for bids, request for proposal
or request for information or provided similar assistance.
3) Non-Prohibited Acts. Subsection (o)(2)
does not prohibit a person or business from submitting a bid or proposal or
entering into a contract if the person or business:
A) Provides the assistance as part of a
publicly issued opportunity to review drafts of all or part of the IFB, RFP or
RFI.
B) Initiates the communication
to provide general information about products, services or industry best
practices and, if applicable, that communication is documented in accordance
with Section 50-39 of the Code.
C)
Responds to a communication initiated by an employee or agent of the State for
the purposes of providing information to evaluate new products, services or
technologies.
D) In the case of a
vendor who bids or offers to supply technology, goods or services developed by
the vendor, demonstrates the technology, goods or services in such a way as to
represent industry trends and innovation and not in a way specifically designed
to meet the State's needs.
E)
Receives or possesses written material obtained from a State employee from
public sources, such as through an internet search or literature packets
obtained in conjunction with an event such as a trade show.
F) Provides, at the request of the State or
agent of the State, general marketing material or makes a general sales
presentation to show the person's qualifications or product capabilities.
Material may be personalized for the procuring agency provided any
personalization is obtained from publically available sources.
G) For purposes of this subsection (o),
"agent of the State" is limited to an architect/engineer under contract with
CDB, or a consultant to that A/E.
4) Prohibited Acts
A) Specifications. A person or business may
not submit specifications to a State agency unless requested to by a State
employee.
B) Assistance to State
Employees. A person or business is prohibited from bidding on a solicitation
and from having a contract or subcontract arising from any of the following
activities if the person or business assisted an employee of the State agency
who, by the nature of his or her duties, has the authority to participate
personally and substantially in the decision to award a State contract.
Assistance to a State employee may include any of the following:
i) Draft (writes or assists the State with
writing all or part of the procurement document);
ii) Review (reads the document and provides
comments on the procurement document or signifies approval or
disapproval);
iii) Direct (any
activity relating to giving instructions or commands or in supervising or
overseeing the preparation of the procurement document);
iv) Prepare (any activity relating to
organizing or distributing the documents, including through the Procurement
Bulletin); or
v) Provides similar
assistance, e.g., conducting research or providing any advice used in drafting,
reviewing or preparing procurement documents.
C) A person who contracts with CDB to write
specifications for a particular procurement may not submit a bid or proposal or
receive a contract or subcontract for that procurement.
5) Exceptions. Any person or business who
responds to an advertised request for information or other publically available
opportunity to provide information related to the procurement need or to review
drafts of all or part of proposed procurement documents shall not be
disqualified by virtue of responding to the State's publically advertised
request.
p) Pre-Bid
Conference
1) A pre-bid conference may be
conducted to enhance the potential vendors' understanding of the procurement
requirements. The pre-bid conference shall be announced as part of the
solicitation notice. The conference may be designated as "attendance mandatory"
or "attendance optional". CDB may designate a conference as "attendance
mandatory" only when direct observation of site conditions or the nature of
specifications makes attendance necessary to be able to prepare an accurate
bid.
2) The conference should be
held long enough after the solicitation has been published to allow potential
vendors to become familiar with it, but sufficiently before solicitation
opening to allow consideration by vendors of conference results in preparing
their responses.
3) Supporting
documentation of the conference shall be supplied to all prospective vendors
known to have received a solicitation by posting the information on the
Bulletin. Nothing stated at the pre-bid conference shall change the
solicitation unless a change is made by written modification to the
solicitation.
4) Nothing stated at
the pre-bid conference shall change specifications unless a change is made by
written modification to the solicitation. Information conveyed in pre-bid
conferences is not reportable under Section 50-39 of the Code, but any
amendments resulting from the conference shall be supplied to all those
prospective vendors through posting on the Bulletin. The A/E shall also issue a
copy of the modified solicitation directly to all vendors who attended the
conference and publish it in the location of the original solicitation and
specifications.
q)
Federally Funded Purchases. For purchases funded in whole or in part by United
States Government funds, the solicitation will identify the federal statutes
and regulations with which the vendor must comply.
